Praveena v. The State Of Tamil Nadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Praveena ... Petitioner Vs The State of Tamil Nadu Rep., By, the Inspector of Police, DCB Police Station, Theni District.

in Crime Number.31 of 2025.

... Respondent/Complainant For Petitioner : M/s..Rajiv, Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-38AB For Anticipatory Bail in Crime No.31 of 2025 on the file of the respondent police ORDER : The Court made the following order :- 1/7

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(4), 318(4) and 61(2) of BNS, 2023, corresponding offence Section 408, 420 and 120(b) of IPC, in Crime No.31 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner misappropriated a sum of Rs.12,40,495/- belongs to the ESAF Small Finance Bank. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed for 2/7

grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Theni, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

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[b] the petitioner is directed to deposit a sum of Rs.3,00,000/-(Rupees Three lakhs only) to the credit of Crime No.31 of 2025 before the concerned Court.

On such deposit, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner. After receipt of the entire amount, the learned Judicial Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any Nationalized Bank until the final order/judgment is passed in the case in the said crime number. The learned Judicial Magistrate or trial Court shall pass orders regarding entitlement of the said amount in its final order/judgment;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m, until further orders and cooperate with the investigation;

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[d]the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e]the petitioner shall not abscond either during investigation or trial;

[f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

10.12.2025 PJL 5/7

TO

1. Judicial Magistrate, Theni.

2. Do-Through The Chief Judicial Magistrate, Theni District.

3. The Inspector of Police, DCB Police Station, Theni District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.22588 of 2025 Date : 10/12/2025 7/7